Breadcrumbs

Rizzo, Anthony, Docket No. 373

Docket No. 373

September 6, 1989

Disposition Agreement

This Disposition Agreement (Agreement) is entered into betweenthe State Ethics Commission (Commission) and Anthony Rizzo (Mr.Rizzo) pursuant to section 11 of the Commission's EnforcementProcedures. This Agreement constitutes a consented to finalCommission order enforceable in the Superior Court pursuant to G.L.c. 268B, s.4(j).

On August 25, 1988 the Commission initiated a preliminaryinquiry into possible violations of the conflict of interest law,G.L. c. 268A, involving Mr. Rizzo, a member of the Revere SchoolCommittee. The Commission concluded its inquiry and, on July 19,1989, found reasonable cause to believe that Mr. Rizzo violatedG.L. c. 268A, s.19.

The Commission and Mr. Rizzo now agree to the following findingsof fact ad conclusions of law:

1. At all times relevant to this matter, Mr. Rlzzo was anelected member of the Revere School Committee, and, accordingly,a municipal employee as defined in G.L. c. 268A, s.1(g).

2. Richard Rizzo is Mr. Rlzzo's son, and thus a member of Mr.Rizzo'5 immediate family as that term is defined by G.L. c. 268A,s.1(e).

3. In October of 1986, Mr. Rizzo participated in hiring his son,Richard Rizzo, as a security guard for the Revere SchoolDepartment. Specifically, Mr. Rizzo:

a. presided over a special School Committee meeting on themorning of October 6, 1986,[1]

b. moved and voted to "accept the recommendation of Mr. EdwardManganiello, Principal of the High School, ad Dr. John Losco,Assistant Superintendent, re security at the Roland MerulloField House." The School Committee (absent Mayor Colella adDonald Goodwin) voted in favor of this motion.[2]

4. While not expressly stated in Mr. Manganiello's recommendationor Mr. Rizzo's motion, Mr. Rizzo knew that the School Committee wascreating a position that his son would occupy.

5. Richard Rizzo was employed as a special police officer forthe Revere School Department from October 6, 1986 until he resignedeffective April 7, 1989. He earned $3,840 in 1986, $19,048.49 in1987, and $19,148.46 in 1988.

municipal employees are prohibited from participating in particularmatters in which, to their knowledge, a member of their immediatefamily has a financial interest.

7. The appointment of Richard Rizzo to the security positionwas a "particular matter." Anthony Rizzo "participated" in thatmatter by moving and voting to create the position on October 6,1986. While the School Committee's vote during the open session ofthe October 6, 1986 meeting did not refer to Richard Rizzo, Mr.Rizzo knew that his son would occupy the position.

8. Before October 6, 1986, a "special school police officer"position did not exist within the Revere School Department. No oneother than Richard Rizzo has ever occupied this position.

9. By participating in the creation of the security positionwith knowledge that his son was to occupy it, Mr. Rizzoparticipated as a School Committee member in a particular matterin which his son had a financial interest, thereby violating s.19.

Based on the foregoing facts, the Commission has determined thatthe public interest would be served by the disposition of thismatter without further enforcement proceedings on the basis of thefollowing terms agreed to by Anthony Rizzo:

1. that he pay to the Commission the amount of one thousanddollars ($1,000.00) as a civil penalty for his violation ofs.19;

2. that he waive all rights to contest the findings of fact,conclusions of law and terms and conditions contained in thisagreement or in any related administrative or judicialproceeding to which the Commission is or may be a party.

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[1] The agenda for this meeting identified an R.T.A. Grievance asthe sole subject for consideration.

[2] On October 3, 1986, Edward Manganiello, Principal of the RevereHigh School, sent a letter to Assistant Superintendent John Loscorecommending that a senior citizen be hired as a security personfor the Roland Merullo Field House. The School Committee voted onthis recommendation pursuant to Mr. Rizzo's motion. Richard RizzoFilled the position. A senior citizen was not hired.